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Electoral Act 1993

Elections - Death or incapacity of candidate

153C: Death or incapacity of successful constituency candidate after close of poll and before declaration of result

You could also call this:

"What happens if a winning candidate dies or becomes ill before the result is announced"

Illustration for Electoral Act 1993

If you are a constituency candidate and you die or become incapacitated after the poll closes but before the result is declared, a special process happens. You would have been elected if you were still living or not incapacitated. The Electoral Commission will endorse the writ with your name, the fact that you would have been elected, and the date you died or were determined to be incapacitated.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309669.

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Topics:
Government and voting > Elections
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"What happens if a candidate dies or can't continue on voting day"

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153D: Application of equality of votes provisions if constituency candidate dies or becomes incapacitated after close of poll, or

"What happens if a candidate dies or can't continue after the election voting has finished and there's a tie"

Part 6Elections
Death or incapacity of candidate

153CDeath or incapacity of successful constituency candidate after close of poll and before declaration of result

  1. This section applies if—

  2. a constituency candidate dies, or his or her nomination is cancelled on the grounds of incapacity, after the close of the poll and before the declaration of the result of the poll; and
    1. it is found on the completion of the count of votes or on a recount that the candidate, if still living or if not incapacitated, would have been elected.

      1. Repealed

      2. Once the Electoral Commission is satisfied that the candidate has died or that the candidate’s nomination has been cancelled on the grounds of incapacity, an Electoral Commissioner must, on behalf of the Electoral Commission, endorse on the writ—

      3. the name of the candidate; and
        1. that the candidate would, if still living or if not incapacitated, have been elected as the member of Parliament for the district concerned; and
          1. the date on which the candidate died or, as the case requires, the date on which the candidate’s incapacity was determined.

            Notes
            • Section 153C: inserted, on , by section 61 of the Electoral Amendment Act 2002 (2002 No 1).
            • Section 153C(2): repealed, on , by section 101(1) of the Electoral Amendment Act 2025 (2025 No 82).
            • Section 153C(3): amended, on , by section 101(2) of the Electoral Amendment Act 2025 (2025 No 82).
            • Section 153C(3): amended, on , by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).